Dec 7, 2012 5:00pm PST
it's going to play out the doma case prop 8 case how two different cases how do you think doma case. >> doma case involves whether someone who had lived with domestic partner for 45 years should have to pay estate taxes where if they lived as husband and wife she would not have to pay estate taxes and prop 8 involves whether or not gay marriage is simply legal. i think what we are seeing here they only need four justices to decide whether to take the issue. i think there is a little bit of politics there because if obama appoints more justices, they are not going to have to get the issue before the court. i think expect that the court going to say that gay marriage is legal just as they said you couldn't ban racially mixed racial marriages and things of that sort. you know, husband and wife, man and woman does not appear in the constitution. it's more a policy or religious decision than a legal decision. legally i don't think they can ban it. >> laura: i clerked at the court quite a few years ago now back in 1993. but predicting what the court is going to do is always quite difficul
Dec 7, 2012 9:00pm PST
to take it up. many of us thought this is exactly what's going to happen with the prop 8 case. the doma case is slightly different. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question could they resolve? >> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the ot
Dec 7, 2012 10:00pm PST
doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what happens to that issue? >> well, the arizona case is a case in which the state rescinded domesti
Dec 7, 2012 5:00pm PST
to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same sex marriage will be the law of t
Dec 7, 2012 1:00pm PST
when they passed doma into law in 1996. i need to get your immediate reaction to the supreme court news this afternoon. >> well, i think it's very good for the advocates of marriage equality that the court took both of these issues up. the first issue is this question of the defense of marriage act. it was passed really in the middle of the night in 1996 and signed very reluctant lie by president clinton and e sin essentially says one state does not have to recognize the marriage equality rights another state may give. if you are married legally in the state of massachusetts and you happen to reside -- this is as a gay couple -- and you happen to reside in the state of california, the state of california does not need to recognize your massachusetts marriage, and as a result there are over 1,000 benefits that can be denied to a legally married gay couple if they happen to be living in a state that doesn't recognize gay marriage. my guess is the supreme court will declare that unconstitutional because there is a long tradition under the privileges and immunities clause of the constitutio
Dec 7, 2012 9:00am PST
early next year. in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one.
Dec 3, 2012 2:00am PST
justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder into authorized facilities on the site. they have safely stored more than 1 million pounds. that is enough to fill 27 18-wheelers. >> wow. nine bodies have been recovered from three crushed, burned out cars in a highway tunnel 50 miles west of tokyo. officials still don't know what caused a 200 foot section of eight inch thick concrete to cave in over the weekend. take a look at these incredible pictures. and they're not saying whether there might be more victims in the rubble. >>> malala yousafzai, that pakistani girl who was shot in the head by the taliban is saying thank you to all of her new friends all over the world.